Witness -- Evidence of eye witness believable - Such a witness cannot be disbelieved merely for the reason that autopsy surgeon talked of some other possibility, as it does not lead to the conclusion that the medical evidence did not corroborate the prosecution case...........
Evidence Act, 1872, Section 154 -- Hostile witness - Evidence of a hostile witness may not be totally rejected, and subject to closure scrutiny, a portion thereof which is consistent with the case of the prosecution or defence, may be accepted...........
Will -- Execution - Proof of - Execution must be proved by atleast one attesting witness, hence, while making attestation, there must be an animus attestandi, on the part of attesting witness. Cases referred: Commissioner Income Tax v. Arvind Mills Ltd., 1992 Supp (2) SCC 190 : (1992) 193 ITR 255 (Para 28) Indian Molasses Co. P. Ltd. v. Commissioner Income Tax, AIR 1959..........
Criminal Procedure Code, 1973, Section 311 -- Evidence of witness - PWs 15 and 16 were not cross-examined on same day - In chief-examination, these witnesses have categorically deposed that petitioner had driven the vehicle, but they have subsequently denied same in cross examination - Held, it clearly shows that they were subsequently won over by accused - It is settled..........
Civil Procedure Code, 1908, Section 151 -- Recall of plaintiff's witness for further cross examination - No convincing reasons furnished - Trial Court dismissing application holding that application is filed to further delay the proceedings - No interference warranted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Application u/s 311 Cr.P.C. to during pendency of appeal against conviction for recall of witness to prove that complainant firm is not registered under Punjab Money Lenders Act or with the Reserve Bank of India and as such is not competent to lend money in..........
Criminal Procedure Code, 1973, Section 173(8), 231 -- Summoning of witness named in supplementary charge sheet - Held, trial Court can summon witnesses examined in the course of further investigation - It is also clear from S.231 Cr.P.C. that the prosecution is entitled to produce any person as witness even though such person is not named in the earlier charge sheet...........
Industrial Disputes Act, 1947, Section 11A -- Misconduct - Confession - Non voluntary confession - Production of witness - Burden of proof - Plea of workman that the Manager and Accountant before whom writing was inked were not examined by the management to prove the writing - The onus to prove that the writing was obtained from the workman was not voluntary, was on the..........
Independent witness -- Non-examination thereof - Effect - Held, prosecution story cannot be thrown out on ground that an independent witness had not been examined by it...........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Death of wife in matrimonial home within one year four months of marriage - No eye witness - Medical report that death was due to asphyxia resulting from throttling which was ante mortem and homicidal in nature - Husband, mother-in-law and sister-in-law absconding after the incident - Conduct of accused in absconding not..........
